exclusive farm use zone (efu) 410.03 uses permitted through a type … · 2018. 4. 2. · exclusive...

Exclusive Farm Use Zone (EFU) Chapter 410-1 Last Revised 01/08/14

Chapter 410

EXCLUSIVE FARM USE ZONE (EFU)

410.01 Purpose

410.02 Uses Permitted Through a Type I Procedure

410.03 Uses Permitted Through a Type II Procedure

410.04 Uses Permitted Through a Type III Procedure

410.05 Minimum Lot Size

410.06 Approval Criteria

410.01 Purpose. The Exclusive Farm Use Zone is intended to conserve and maintain productive agricultural land for continued agricultural use. The purpose of this chapter is to

describe the applicability, permitted uses, and requirements for the EFU Zone.

410.02 Uses Permitted Through a Type I Procedure. In the EFU Zone the following uses and their accessory uses shall be permitted outright when authorized in accordance with the

provisions of Section 205.04:

A. Farm/Forest Resource:

1. Farm use, as defined in ORS 215.203(2), with the exception of livestock feedlots, sales

yards, hog farms, or dairy herd confinement at any time of the year, or other

concentration of livestock during May through September when such uses are located

within one mile of a residential zone.

2. Accessory buildings customarily provided in conjunction with farm use.

3. The propagation or harvesting of a forest product.

B. Natural Resource:

1. Creation of, restoration of, or enhancement of wetlands.

C. Commercial:

1. Type I Minor Home Occupations, subject to the provisions of Section 760.02.

D. Transportation:

1. Climbing and passing lanes within the right-of-way existing as of July 1, 1987.

2. Reconstruction or modification of public roads and highways, including the placement of

utility facilities overhead and in the subsurface of public roads and highways along the


public right-of-way, but not including the addition of travel lanes, where no removal or

displacement of buildings would occur, or no new land parcels result.

3. Temporary public road and highway detours that will be abandoned and restored to

original condition or use at such a time as no longer needed.

4. Minor betterment of existing public road and highway related facilities such as

maintenance yards, weigh stations and rest areas, within right-of-way existing as of July

1, 1987, and contiguous publicly-owned property utilized to support the operation and

maintenance of public roads and highways.

5. Rehabilitation, replacements, minor betterment repairs and improvements, and other

similar construction activities; or private or public parks, playgrounds or community

centers, which are not considered to have land use impacts, as determined by the

Director consistent with Chapter 220, Director’s Interpretations.

410.03 Uses Permitted Through a Type II Procedure. In the EFU Zone the following uses and their accessory uses may be permitted when authorized in accordance with the provisions

of Section 205.05:

A. Residential:

1. Lot-of-Record Dwelling: A single-family dwelling proposed on a lot or parcel meeting all

of the following criteria:

a. The lot or parcel on which the dwelling will be sited was lawfully created. When a

lot or parcel is reconfigured pursuant to applicable law after November 4, 1993, the

effect of which is to qualify a lot, parcel or tract for the siting of a dwelling, the date

of the reconfiguration is the date of creation or existence. Reconfiguration means

any change in the boundary of a lot, parcel or tract; and

b. The lot or parcel was acquired by the present owner prior to January 1, 1985, or by

devise or intestate succession from a person who acquired the lot or parcel prior to

January 1, 1985; and

c. The tract on which the dwelling will be sited does not include a dwelling. When the

lot or parcel on which the dwelling will be sited is part of a tract, the remaining

portions of the tract are consolidated into a single lot or parcel when the dwelling is

allowed; and

d. The lot or parcel on which the dwelling will be sited is not high-value farmland

except as provided in OAR 660-033-0130(3)(c). ORS 215.710(5) provides an

opportunity for an applicant to show that the property is not high-value farmland.


e. For the purpose of this Section a person cannot qualify as an "owner" as required by

Section 410.03(A)(1) by virtue of a familial relationship to the current owner or by

receiving the land as a gift or any form of sale after January 1, 1985.

f. For the purposes of this Section "owner" includes the wife, husband, son, daughter,

mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-

law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild,

grandparent or grandchild of the owner or a business entity owned by any one or

combination of these family members.

g. When approval is granted to an application under the provisions of this Section, the

application may be transferred only one time by a person who has qualified under

this section to any other person after the effective date of the land use decision.

h. The proposed dwelling will comply with the requirements of the acknowledged land

use plan and other County land use regulations and other provisions of law.

2. Farm Dwellings:

a. Parcel Size Test: A single-family dwelling may be considered in conjunction with farm

use if it is not identified as high-value farmland pursuant to OAR 660-033-020 (8)

and:

i. The dwelling is proposed on a parcel which is currently employed for farm use,

as defined in ORS 215.203;

ii. Contains no other dwelling except seasonal farm worker housing;

iii. The dwelling will be occupied by a person or persons who will be principally

engaged in farm use of the land at a commercial scale; and

iv. Complies with the minimum parcel size requirements of Section 410.05 (B)(6).

b. Capability Test: A single-family dwelling may be considered in conjunction with farm

use if the dwelling is proposed on an agricultural parcel or tract which is not

identified as high-value farmland and:

i. Is at least as large as the median size of commercial farm or ranch tracts capable

of generating at least $10,000 in annual gross sales that are wholly or partially

within one mile from the perimeter of the subject parcel; and

ii. The subject parcel or tract is capable of producing at least the median level of

annual gross sales of County indicator crops as the same commercial farm and

ranch tracts identified in Section 410.03(A)(4)(a) determined pursuant to OAR

660-33-135(3); and


iii. The subject parcel or tract is currently employed for farm use as defined in ORS

215.203, at a level capable of producing the annual gross sales required by

Section 410.03(A)(4); and

iv. The subject parcel or tract on which the dwelling is proposed is not less than 20

acres; and

v. There is no other dwelling located on the subject parcel or tract, except seasonal

farm-worker housing as permitted by ORS 215.283(1)(f); and

vi. If no farm use has been established at the time of application, land use approval

shall be subject to a condition that no building permit may be issued prior to the

establishment of the farm use as required by Section 410.03(A)(4)(c).

vii. The dwelling will be occupied by a person or persons who will be principally

engaged in farm use of the land, such as planting, harvesting, marketing, or

caring for livestock, at a commercial scale.

c. Income Test: A single-family dwelling may be considered in conjunction with farm

use if the dwelling is proposed on an agricultural parcel or tract which is not

identified as high-value farmland; and

i. The subject parcel is currently employed for farm use, as defined in ORS 215.203,

that produced in the last two years or three of the last five years the lower of the

following:

1) At least $40,000 (1994 dollars) in gross annual income from the sale of farm

products; or

2) Gross annual income of at least the midpoint of the median income range of

gross sales for farms in Baker County with gross sales of $10,000 or more

according to the 1992 Census of Agriculture, Oregon; and

ii. There is no other dwelling on the subject parcel, except seasonal farm-worker

housing as permitted by ORS 215.283(1)(f).

iii. The dwelling will be occupied by a person or persons who produced the

commodities which grossed the income in Section 410.03(A)(5)(a).

iv. In determining the gross income required by Section 410.03(A)(5)(a) the cost of

purchased livestock shall be deducted from the total gross income attributed to

the farm or ranch operation; only gross income from land owned, not leased or

rented, shall be counted; and gross farm income earned from a lot or parcel


which has been used previously to qualify another lot or parcel for the

construction or siting of a primary farm dwelling may not be used.

v. Noncontiguous lots or parcels zoned for farm use in Baker County or contiguous

counties may be used to meet the gross income requirements. When a farm or

ranch operation has lots or parcels in both “Western” and “Eastern” Oregon as

defined by statute division, lots or parcels in Eastern or Western Oregon may not

be used to qualify a dwelling in the other part of the state.

vi. 1) Prior to the final approval for a dwelling authorized under this section that

requires one or more contiguous or non contiguous lots or parcels of a farm or

ranch operation to comply with the gross farm income requirements, the

applicant shall provide evidence that the covenants, conditions and restrictions

form adopted as “Exhibit A” has been recorded with the county clerk of the

county or counties where the property subject to the covenants, conditions and

restrictions is located. The covenants, conditions and restrictions shall be

recorded for each lot or parcel subject to the application for the primary farm

dwelling and shall preclude:

a) All future rights to construct a dwelling except for accessory farm

dwellings, relative farm assistance dwellings, temporary hardship

dwellings or replacement dwellings allowed by ORS Chapter 215; and

b) The use of any gross farm income earned on the lots or parcels to qualify

another lot or parcel for a primary farm dwelling.

2) The covenants, conditions and restrictions are irrevocable, unless a

statement of release is signed by an authorized representative of the county

or counties where the property subject to the covenants, conditions and

restrictions is located.

3) Enforcement of the covenants, conditions and restrictions may be

undertaken by the Department of Land Conservation and Development or by

the county or counties where the property subject to the covenants,

conditions and restrictions is located;

4) The failure to follow the requirements of this section shall not affect the

validity of the transfer of property or the legal remedies available to the

buyers of property which is subject to the covenants, conditions and

restrictions required by the section;

5) The Director shall maintain a copy of the covenants, conditions and

restrictions filed in the county deed records pursuant to this section and a

map or other record depicting the lots and parcels subject to the covenants,


conditions and restrictions filed in the county deed records pursuant to this

section. The map or other record required by this subsection shall be readily

available to the public in the county planning office.

d. High Value Test: A single-family dwelling may be considered customarily provided in

conjunction with farm use if the dwelling is proposed on a parcel or tract which is

identified as high-value farmland; and

i. The subject parcel or tract is currently employed for farm use, as defined in ORS

215.203, that produced at least $40,000 in gross annual income from the sale of

farm products in the last two years or three of the last five years; or

ii. Gross annual income of at least the midpoint of the median income range of

gross sales for farms in Baker County with gross sales of $10,000 or more.

iii. There is no other dwelling on the subject parcel or tract, except seasonal farm-

worker housing as permitted by ORS 215.283(1)(f); and

iv. The dwelling will be occupied by a person or persons who produced the

commodities which grossed the income in Section 410.03(A)(6)(a).

v. In determining the gross income required by Section 410.03(A)(6)(a), the cost of

purchased livestock shall be deducted from the total gross income attributed to

the parcel or tract.

vi. Noncontiguous lots or parcels zoned for farm use in Baker County or contiguous

counties may be used to meet the gross income requirements. When a farm or

ranch operation has lots or parcels in both “Western” and “Eastern” Oregon as

defined by statute division, lots or parcels in Eastern or Western Oregon may not

be used to qualify a dwelling in the other part of the state.

vii. 1) Prior to the final approval for a dwelling authorized under this section that

requires one or more contiguous or non contiguous lots or parcels of a farm or

ranch operation to comply with the gross farm income requirements, the

applicant shall provide evidence that the covenants, conditions and restrictions

form adopted as “Exhibit A” has been recorded with the Baker County Clerk

where the property subject to the covenants, conditions and restrictions is

located. The covenants, conditions and restrictions shall be recorded for each lot

or parcel subject to the application for the primary farm dwelling and shall

preclude:

a) All future rights to construct a dwelling except for accessory farm

dwellings, relative farm assistance dwellings, temporary hardship

dwellings or replacement dwellings allowed by ORS Chapter 215; and


b) The use of any gross farm income earned on the lots or parcels to qualify

another lot or parcel for a primary farm dwelling.

2) The covenants, conditions and restrictions are irrevocable, unless a

statement of release is signed by an authorized representative of the county

or counties where the property subject to the covenants, conditions and

restrictions is located.

3) Enforcement of the covenants, conditions and restrictions may be

undertaken by the Department of Land Conservation and Development or by

the county or counties where the property subject to the covenants,

conditions and restrictions is located;

4) The failure to follow the requirements of this section shall not affect the

validity of the transfer of property or the legal remedies available to the

buyers of property which is subject to the covenants, conditions and

restrictions required by the section;

5) The county planning director shall maintain a copy of the covenants,

conditions and restrictions filed in the county deed records pursuant to this

section and a map or other record depicting the lots and parcels subject to

the covenants, conditions and restrictions filed in the county deed records

pursuant to this section. The map or other record required by this subsection

shall be readily available to the public in the county planning office.

3. Secondary Dwelling: Dwellings on real property used for farm use if the dwelling is

located on the same lot or parcel as the dwelling of the farm operator and is occupied

by a relative of the farm operator or the farm operator's spouse, whose assistance in

the management of the farm use is or will be required by the farm operator. "Relative"

is defined in Chapter 150, Definitions, of this ordinance.

4. Accessory Farm Dwellings which satisfy the following requirements:

a. The accessory farm dwelling will be occupied by a person or persons who will be

principally engaged in the farm use of the land and whose assistance in the

management of the farm use is or will be required by the farm operator; and

b. The dwelling will be located:

i. On the same lot or parcel as the dwelling of the principal farm dwelling; or


ii. On the same tract as the principal farm dwelling when the lot or parcel on which

the accessory farm dwelling will be sited is consolidated into a single parcel with

all contiguous lots and parcels in the tract; or

iii. On a lot or parcel on which the principal farm dwelling is not located when the

accessory farm dwelling is a manufactured dwelling and a deed restriction is filed

with the county clerk. The deed restriction shall require the manufactured

dwelling to be removed when the lot or parcel is conveyed to another party. An

accessory farm dwelling approved pursuant to this section may not be occupied

by a person or persons who will not be principally engaged in the farm use of the

land and whose assistance in the management of the farm use is not or will not

be required by the farm operator. The manufactured dwelling may remain if it is

re-approved under these rules for an accessory farm dwelling. An accessory

farm dwelling may only be replaced by a manufactured dwelling.

c. There is no other dwelling on lands designated for exclusive farm use owned by the

operator that is vacant or currently occupied by persons not working on the subject

farm or ranch and that could reasonably be used as an accessory farm dwelling; and

d. The principal farm dwelling to which the proposed dwelling would be accessory,

meets one of the following:

i. On land not identified as high-value farmland, the principal farm dwelling is

located on a farm or ranch operation that is currently employed for farm use, as

defined in ORS 215.203, and produced in the last two years or three of the last

five years the lower of the following:

1) At least $40,000 (1994 dollars) in gross annual income from the sale of farm

products. In determining the gross income, the cost of purchased livestock

shall be deducted from the total gross income attributed to the tract; or

2) Gross annual income of at least the midpoint of the median income range of

gross annual sales for farms in the county with the gross annual sales of

$10,000 or more according to the 1992 Census of Agriculture, Oregon. In

determining the gross income, the cost of purchased livestock shall be

deducted from the total gross income attributed to the tract; or

ii. On land identified as high-value farmland, the principal farm dwelling is located

on a farm or ranch operation that is currently employed for farm use, as defined

in ORS 215.203, and produced at least $80,000 (1992 dollars) in gross annual

income from the sale of farm products in the last two years or three of the last

five years.

iii. For the purposes of this section "farm or ranch operation" includes all property

used by the farm operator to produce agricultural goods and commodities.


e. The County shall not approve any proposed division of a lot or parcel for an

accessory farm dwelling approved pursuant to this subsection Section 410.03(7). If

it is determined that an accessory farm dwelling satisfies farm dwelling

requirements in Section 410.03(6), a parcel may be created consistent with the

minimum parcel size requirements.

f. An accessory farm dwelling approved pursuant to this subsection cannot later be

used to satisfy the requirements for a dwelling not provided in conjunction with

farm use pursuant to 410.04 of this chapter.

5. Replacement Dwelling: A lawfully established dwelling may be altered, restored or

replaced if, when an application for a permit is submitted, the Director finds to their

satisfaction, based on substantial evidence, that:

a. The dwelling to be altered, restored or replaced has, or formerly had:

i. Intact exterior walls and roof structure;

ii. Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities

connected to a sanitary waste disposal system;

iii. Interior wiring for interior lights; and

iv. A heating system; and

b. The dwelling was assessed as a dwelling for purposes of ad valorem taxation for the

previous five property tax years, or, if the dwelling has existed for less than five

years, from that time; and

c. Notwithstanding paragraph (b), if the value of the dwelling was eliminated as a

result of either of the following circumstances, the dwelling was assessed as a

dwelling until such time as the value of the dwelling was eliminated:

i. The destruction (i.e. by fire or natural hazard), or demolition in the case of

restoration of the dwelling; or

ii. The applicant establishes to the satisfaction of the Director that the dwelling was

improperly removed from the tax roll by a person other than the current owner.

“Improperly removed” means that the dwelling has taxable value in its present

state, or had taxable value when the dwelling was first removed from the tax roll

or was destroyed by fire or natural hazard, and the county stopped assessing the

dwelling even though the current or former owner did not request removal of

the dwelling from the tax roll.


6. For replacement of a lawfully established dwelling:

a. The dwelling to be replaced shall be removed, demolished, or converted to an

allowable nonresidential use:

i. Within one year after the date the replacement dwelling is certified for

occupancy pursuant to ORS 455.055; or

ii. If the dwelling to be replaced is, in the discretion of Baker County, in such a state

of repair that the structure is unsafe for occupancy or constitutes an attractive

nuisance, on or before a date set by the permitting authority that is not less than

90 days after the replacement permit is issued; and

iii. If a dwelling is removed by moving it off the subject parcel to another location,

the applicant must obtain approved from the Director for the new location.

b. The applicant must cause to be recorded in the deed records of the county a

statement that the dwelling to be replaced has been removed, demolished or

converted.

c. As a condition of approval, if the replacement dwelling is located on a portion of the

lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and

cause to be recorded in the deed records of the county a deed restriction prohibiting

the siting of another dwelling on that portion of the lot or parcel. The restriction

imposed is irrevocable unless the Director, or the Director’s designee, places a

statement of release in the deed records of the county to the effect that the

provisions of 2013 Oregon Laws, chapter 462, section 2 and either ORS 215.213 or

215.283 regarding replacement dwellings have changed to allow the lawful siting of

another dwelling. The Director, or the Director’s designee, shall maintain a record of:

i. The lots and parcels for which dwelling to be replaced have been removed,

demolished or converted; and

ii. The lots and parcels that do not qualify for the siting of a new dwelling under

subsection (6) of this section, including a copy of the deed restrictions filed

under paragraph (b) of this subsection.

7. A replacement dwelling must comply with applicable building codes, plumbing codes,

sanitation codes and other requirements relating to health and safety at the time of

construction. However, the standards may not be applied in a manner that prohibits the

siting of the replacement dwelling.

a. The replacement dwelling must be sited on the same lot or parcel;


i. Using all or part of the footprint of the replaced dwelling or near a road, ditch,

river, property line, forest boundary or other natural boundary of the lot or

parcel; and

ii. If possible, for the purpose of minimizing the adverse impacts on resource use of

land in the area, within a concentration or cluster of structures or within 500

yards of another structure.

b. Replacement dwellings that currently have the features described in paragraph

(6)(a) of this subsection and that have been on the tax roll as described in paragraph

(5)(b) may be sited on any part of the same lot or parcel.

c. A replacement dwelling permit is a land use decision where the dwelling to be

replaced:

i. Formerly had the features described in paragraph (5)(a) of this section; or

ii. Was removed from the tax roll as described in paragraph (5)(c) of this section;

d. Is not subject to the time to act limits of ORS 215.417; and

e. If expired before January 1, 2014, shall be deemed to be valid and effective if, before

January 1, 2015, the holder of the permit:

i. Removes, demolishes or converts to an allowable nonresidential use the

dwelling to be replaced; and

ii. Causes to be recorded in the deed records of the county a statement that the

dwelling to be replaced has been removed, demolished or converted.

8. Replacement dwelling to be used in conjunction with farm use if the existing dwelling

has been listed in a county inventory as historic property as defined in ORS 358.480.

9. Temporary Hardship Dwelling: A manufactured dwelling, or recreational vehicle, or the

temporary use of an existing building in conjunction with an existing dwelling, or the

temporary use of a dwelling may be allowed for the term of the hardship suffered by

the existing resident or relative as defined in ORS Chapter 215, subject to the following:

a. The manufactured dwelling shall use the same subsurface sewage disposal system

used by the existing dwelling, if that disposal system is adequate to accommodate

the additional dwelling. If the manufactured home will use a public sanitary sewer

system, such condition will not be required.


b. Permits shall be reviewed every year.

c. Within three months of the end of the hardship, the manufactured dwelling shall be

removed or demolished or, in the case of an existing building, the building shall be

removed, demolished, or returned to an allowed nonresidential use.

d. A temporary residence approved under this section is not eligible for replacement

under ORS 215.213(t) or 215.283(s).

e. As used in this section, “hardship” means a medical hardship or hardship for the care

of an aged or infirm relative as defined in ORS Chapter 215.

B. Commercial:

1. Type II Major Home Occupations, subject to the provisions of Section 760.03.

2. Farm stands meeting the following specifications:

1. The structures are designed and used for sale of farm crops and livestock grown on

the farm operation, or grown on the farm operation and other farm operations in

the local agricultural area, including the sale of retail incidental items and fee-based

activity to promote the sale of farm crops or livestock sold at the farm stand. If the

annual sales of incidental items and fees from promotional activity do not make up

more than 25 percent of the total annual sales of the farm stand; and

2. The farm stand does not include structures designed for occupancy as a residence or

for activities other than the sale of farm crops and livestock and does not include

structures for banquets, public gatherings or public entertainment.

C. Transportation:

1. Construction of additional passing and travel lanes requiring the acquisition of right of

way, but not resulting in the creation of new land parcels.

2. Reconstruction or modification of public roads and highways involving the removal or

displacement of buildings, but not resulting in the creation of new land parcels.

3. Improvements of public road and highway related facilities, such as maintenance yards,

weigh stations and rest areas, where additional property or right-of-way is required, but

not resulting in the creation of new land parcels.

D. Utility/Solid Waste Disposal Facilities:

1. Utility facilities, and similar minor facilities necessary for public service and repair,

replacement and maintenance thereof, except commercial facilities for the purpose of


generating power for public use by sale and transmission towers under 200 feet in

height.

2. Irrigation canals, delivery lines and those structures and accessory operational facilities

associated with a district as defined in ORS 540.505.

3. Utility facility service lines (under 200 feet).

4. A wind measurement device that is less than 200 feet in height if it is for temporary use

for a period not to exceed 48 months.

5. Required permanent maintenance/operations buildings for a wind power facility shall

be located off-site in one of Baker County’s appropriately zoned areas, except that such

a building may be constructed on-site if (1) the building design and construction are

generally consistent with the character of similar buildings used by commercial farmers

or ranchers, and (2) the building will be removed or converted to farm use upon

decommissioning of the Wind Power Generation Facility.

6. Residential Wind Power Generation Facility in accordance with the provisions of Chapter

750 of this Ordinance.

E. Parks/Public/Quasi-Public:

1. Onsite filming and activities accessory to onsite filming for 45 days or fewer as provided

for in ORS 215.306.

2. A site for the takeoff and landing of model aircraft, including such buildings as may

reasonably be necessary.

3. Land application of reclaimed water, agricultural or industrial process water or bio-

solids.

4. Fire service facilities providing rural fire protection services.

5. An outdoor gathering described in ORS 197.015(10)(d), provided that a Temporary

Permit has been granted per the requirements of Section 250.02.

410.04 Uses Permitted Through a Type III Procedure. In the EFU Zone, the following uses may be permitted when authorized in accordance with the provisions of Section 205.06. These

uses shall also require a Conditional Use Permit as described in Chapter 210.

A. Farm/Forest Resource:

1. A facility for the primary processing of forest products.


2. A facility for the processing of farm crops or the production of biofuel as defined in ORS

315.141.

3. Livestock feedlot, sales yard, hog farm or dairy herd confinement at any time of the

year, or other concentration of livestock during May through September, when such

uses are located within one mile of a residential zone.

4. Guest Ranch in conjunction with an existing commercial cattle, sheep, horse, or bison

operation that complies with ORS 215.203 , and the requirements under Section

210.07(E), Guest Ranch, of this Ordinance. For purposes of this section, guest shall mean

a person who purchases an activity package which includes ranch and recreational

activities and which may include meals.

B. Natural Resource:

1. The propagation, cultivation, maintenance, and harvesting of aquatic species that are

not under the jurisdiction of the State Fish and Wildlife Commission, or insect species.

2. A wildlife habitat conservation and management plan pursuant to ORS 215.799.

3. Feeding stations and wildlife management areas subject to the provisions of Section

210.07(A).

C. Residential:

1. Single family residential dwellings not provided in conjunction with farm use pursuant to

ORS 215.284(2) (9/9/02).

2. Residential home or facility as defined in ORS 197.660 in existing dwellings.

3. Room and board arrangements for a maximum of five unrelated persons in existing

residences.

D. Commercial:

1. Commercial activities in conjunction with farm use, including the processing of farm

crops pursuant to ORS 215.213(1)(x) and 215.283(1)(u).

2. Type III Major Home Occupations, subject to the provisions of Section 760.04.

3. Dog Kennels.

4. A destination resort which is approved consistent with the requirements of Goal 8.


5. A winery, as described in ORS 215.452 (2003).

6. An aerial fireworks display business that has been in continuous operation at its current

location within an exclusive farm use zone since December 31, 1986, and possesses a

wholesaler’s permit to sell or provide fireworks.

7. The breeding, kenneling and training of greyhounds for racing.

8. A landscaping business, as defined in ORS 671.520, or a business providing landscape

architecture services, as described in ORS 671.318, if the business is pursued in

conjunction with the growing and marketing of nursery stock on the land that

constitutes farm use.

E. Mineral, Aggregate, Oil, and Gas Uses:

1. Operations conducted for the exploration, mining and processing of aggregate and

other mineral resources or other subsurface resources subject to the restrictions and

permits of the Department of Geology and Minerals Industry. See Chapter 440, Mineral

Extraction Zone when dealing with patented mining claims.

2. Operations conducted for mining, crushing, or stockpiling of aggregate and other

mineral and other subsurface resources subject to ORS 215.298.

3. Processing as defined by ORS 517.750 of aggregate into asphalt or portland cement.

4. Processing of other mineral resources and other subsurface resources.

5. Operations conducted for mining and processing of geothermal resources as defined by

ORS 522.005 and oil and gas as defined by ORS 520.005 not otherwise permitted.

F. Transportation:

1. Roads, highways and other transportation facilities, and improvements not otherwise

allowed.

2. Transportation improvements on rural lands allowed by OAR 660-012-0065.

3. Personal-use airports for airplanes and helicopter pads including associated hangar,

maintenance and service facilities. A personal-use airport as used in this Section means

an airstrip restricted, except for aircraft emergencies, to use by the owner and, on an

infrequent and occasional basis, by invited guest(s), and by commercial aviation

activities in connection with agricultural operations. No aircraft may be used on a

personal-use airport other than those owned or controlled by the owner of the airstrip.


Exceptions to the activities permitted under the definition may be granted through

waiver action by the Oregon Aeronautics Division in specific instances. A personal-use

airport lawfully existing as of September 13, 1975, shall continue to be permitted

subject to any applicable regulations of the Aeronautics Division.

G. Utility/Solid Waste Disposal Facilities:

1. Major utility facilities as defined in Chapter 150 of this ordinance.

2. Transmission towers over 200 feet in height.

3. A site for the disposal of solid waste that has been ordered to be established by the

Environmental Quality Commission under ORS 459.049, together with the equipment,

facilities or buildings necessary for its operation.

4. Commercial utility facilities for the purpose of generating power for public use by sale,

not including wind power generation facilities.

5. Wind power generation facility in accordance with the provisions of Chapter 750 of this

Ordinance.

6. A wind measurement device that is greater than 200 feet in height.\

7. A wind measurement device that will be used for a period exceeding 48 months.

8. A site for the disposal of solid waste approved by the governing body of a county and for

which a permit has been granted under ORS 459.245 by the Department of

Environmental Quality together with equipment, facilities or buildings necessary for its

operation.

9. Composting facilities for which a permit has been granted by the Department of

Environmental Quality under ORS 459.245 and OAR 340-096-0020.

H. Parks/Public/Quasi-Public:

1. Public or private schools for kindergarten through grade 12, including all buildings

essential to the operation of a school, primarily for the residents of the rural area in

which the school is located, may be permitted:

a. On parcels which are not predominantly comprised of high-value farmland soils if

the use is not within 3 miles of an urban growth boundary unless an exception is

approved pursuant to ORS 197.732 and OAR 660 Division 4.


b. On parcels which are predominantly comprised of high-value farmland soils existing

facilities may be maintained, expanded or enhanced.

2. Private, semi-public and public parks, playgrounds, hunting and fishing preserves,

campgrounds, and community centers.

3. Parks and playgrounds consistent with the provisions of ORS 195.120.

4. Community centers owned by a governmental agency or a nonprofit organization and

operated primarily by and for residents of the local rural community.

5. Golf courses on land determined not to be high-value farmland as defined in ORS

195.300.

6. Living history museum.

7. Firearms training facility as provided in ORS 197.770.

8. Armed forces reserve center as provided for in ORS 215.213(1).

9. Onsite filming and activities accessory to onsite filming for more than 45 days as

provided for in ORS 215.306.

10. Expansion of existing county fairgrounds and activities directly relating to county

fairgrounds governed by county fair boards established pursuant to ORS 565.210

11. Operations for the extraction and bottling of water.

12. Any gathering subject to review of a county planning commission under ORS 433.763.

13. Churches and cemeteries in conjunction with churches consistent with ORS 215.441,

may be allowed:

a. On parcels which are not predominantly comprised of high-value farmland soils if

the use is not within 3 miles of an urban growth boundary unless an exception is

approved pursuant to ORS 197.732 and OAR 660 Division 4.

b. On parcels which are predominantly comprised of high-value farmland soils, existing

facilities may be maintained, expanded or enhanced.


410.05 Minimum Parcel Size

A. General Exception to Parcel Size Requirements:

1. Any parcel of land or portion thereof which has been or is to be dedicated to a public or

semi-public entity for a road, railroad, utility or other public use shall be entitled to an

adjustment from the minimum parcel size requirement set forth by this Ordinance. The

adjustment shall be limited to the amount of land dedicated to and accepted for public

use.

2. Minimum requirements relative to lot size, where applicable, shall be considered as

standard metes and bounds land Section divisions. Therefore, lot sizes may be smaller

than set forth in this Ordinance if a total Section acreage reduction is due to a U.S.

Public Lands survey adjustment.

3. Statutory "Lot of Record" provisions (Sections 9-13, Chapter 884, Oregon Laws 1981, as

amended by Sections 14 and 15, Chapter 826, Oregon Laws 1983) may provide a

development right for sub-standard sized lots or parcels if said lot(s) or parcels qualify

under the law.

B. Except as provided for under Subsection “A” of this section, new parcels in the EFU Zone

shall comply with the following minimum parcel size requirements:

1. 80 acres if fully covered by valid primary water rights.

2. 160 acres for non-irrigated land, or 2 acres for each dry acre less than 80 for land

partially covered by valid primary water rights. For example, 60 acres of irrigated land

would require a minimum parcel size of 100 acres (80 - 60 = 20; 20 x 2 = 40; 60 irrigated

acres + 40 non-irrigated acres = 100 acres).

3. In the EFU Zone, a parcel created to accommodate a conditional use shall comply with

the following requirements:

a. The proposed parcel shall be the minimum amount of land necessary for the

proposed use, considering applicable state and local standards and the criteria set

forth in this Ordinance, but shall be no less than 2 acres; and

b. The remaining parcel complies with the requirements under Section 410.05(B)(1) or

(2), as applicable.

4. If land in the EFU Zone is also located in the Big Game Habitat Overlay, the minimum

parcel size for a non-farm or lot of record dwelling shall be 40 acres, unless the parcel on

which the dwelling is to be located was legally created prior to January 1, 1986. If the

parcel is less than 40 acres, but was legally created prior to January 1, 1986, it is


considered to be a pre-existing non-conforming parcel and a non-farm or lot of record

dwelling may be allowed subject to the following conditions:

a. The dwelling will be located within 200 feet of a public road. If the road access to the

dwelling is owned or maintained by the Oregon Department of Forestry, the Bureau

of Land Management, or the U.S. Forest Service, the applicant shall provide proof of

a road access use agreement.

b. There is no other dwelling located on the property.

5. For non-farm partitions in the Big Game Habitat Overlay, the minimum parcel size shall

be 40 acres.

6. The minimum parcel size for a farm related dwelling based on minimum parcel sizes

established by statute and/or rule shall be 160 acres if covered with at least 160 acres of

valid primary water rights or 320 acres non-irrigated, or a combination thereof, except

that there shall be 2 acres for each dry acre less than 160. For example, 100 acres of

land with valid primary water rights would require a minimum parcel size of 220 acres

(160 - 100 = 60; 60 x 2 = 120; 100 irrigated acres + 120 non-irrigated acres = 220 acres).

410.06 Approval Criteria.

A. For Type II and Type III uses, in addition to the applicable standards in Chapter 210,

Conditional Uses, the applicant shall demonstrate that the following criteria have been

satisfied:

1. Such uses will not force a significant change in accepted farm or forest practices on

surrounding lands devoted to farm or forest use; and

2. Such uses will not significantly increase the cost of accepted farm or forest practices on

lands devoted to farm or forest use.

B. Placement of dwellings in the EFU zone shall conform to statutory and rule provisions.

C. The following criteria apply to Type III uses:

1. The use or activities associated with the use will not force a significant change in or

significantly increase the cost of accepted farming or forest practices on nearby lands

devoted to farm or forest use.

2. The use will not materially alter the stability of the overall land use pattern of the area.

In determining whether a proposed nonfarm dwelling will alter the stability of the land

use pattern in the area, the cumulative impact of nonfarm dwellings on other lots or

parcels in the area similarly situated and whether creation of the parcel will lead to the


creation of other nonfarm parcels to the detriment of agriculture in the area will be

considered pursuant to OAR 660-033-0130(4)(c)(C)(c)(A).

3. The use is situated on a parcel or portion of a parcel which is generally unsuitable for

the production of farm crops and livestock considering the terrain, adverse soil or land

conditions, drainage and flooding, vegetation and location and size of the tract. A lot or

parcel shall not be considered unsuitable solely because of size or location if it can

reasonably be put to farm or forest use in conjunction with other land.

4. When the use is a dwelling, the dwelling will be situated upon land which, as a condition

of approval, can be approved for sub-surface sewage disposal or an approved

alternative sewage disposal system.

5. The portion of land approved for a use under Section 410.04 of this Ordinance shall be

disqualified from farm deferral where the land cannot reasonably continue in farm use.

6. Explanation acceptable to the County is provided to demonstrate that:

a. Existing public services, utilities, and road systems are adequate to accommodate

the proposed use, or that any such need will be provided by the applicant.

b. The proposed development is designed to minimize adverse impacts to existing

terrain, slope, and ground cover and to protect the immediate and surrounding area

from potential adverse impacts caused by surface water run-off.

c. Water, both in terms of quantity and quality, is available and adequate for the use,

and adequate provisions for solid waste disposal will be provided.

7. The use complies with such other conditions, as the Planning Commission considers

necessary.

D. The following standards shall apply for land divisions to create up to two new parcels

smaller than the minimum size established by ORS 215.780, each to contain a nonfarm

dwelling:

1. Nonfarm dwellings have been approved pursuant to Sections 410.04 and 410.06 of this

ordinance, in addition to other applicable criteria;

2. The parcels for the nonfarm dwellings are divided from a lot or parcel that was lawfully

created prior to July 1, 2001;

3. The parcels for the nonfarm dwellings are divided from a lot or parcel that complies with

the minimum size established under ORS 215.780, and the remainder of the original lot


or parcel that does not contain the nonfarm dwellings complies with the minimum size

established under ORS 215.780; and

4. The parcels for the nonfarm dwellings are generally unsuitable for the production of

farm crops and livestock or merchantable tree species considering the terrain, adverse

soil or land conditions, drainage or flooding, vegetation, location and size of the tract. A

parcel may not be considered unsuitable based solely on size or location if the parcel

can reasonably be put to farm or forest use in conjunction with other land.

E. The following standards shall apply for land divisions to divide a lot or parcel into two

parcels, each to contain one dwelling not provided in conjunction with farm use if:

1. The nonfarm dwellings have been approved under pursuant to Sections 410.04 and

410.06 of this ordinance, in addition to other applicable criteria;

2. The parcels for the nonfarm dwellings are divided from a lot or parcel that was lawfully

created prior to July 1, 2001;

3. The parcels for the nonfarm dwellings are divided from a lot or parcel that is equal to or

smaller than the minimum size established under ORS 215.780 but equal to or larger

than 40 acres;

4. The parcels for the nonfarm dwellings are not capable of producing more than at least

20 cubic feet of wood fiber;

5. The parcels for nonfarm dwellings are either composed of 90% Class VII and VIII soils; or

6. The parcels are composed of at least 90% Class VI, VII and VIII soils and are not capable

of producing adequate herbaceous forage for grazing livestock. A parcel that produces

1,0501 or more total pounds of dry matter per acre in a normal year, as calculated using

the Natural Resources Conservation Service Soil Survey for Baker County, is considered

to produce adequate herbaceous forage for the purposes of this section.

7. The parcels for the nonfarm dwellings do not have established water rights for

irrigation; and

8. The parcels for the nonfarm dwellings are generally unsuitable for the production of

farm crops and livestock or merchantable tree species considering the terrain, adverse

soil or land conditions, drainage or flooding, vegetation, location and size of tract. A

parcel may not be considered unsuitable based solely on size or location if the parcel

can reasonably be put to farm or forest use in conjunction with other land; and

1 Note: Adequate herbaceous forage was calculated based on rounding up the average total pounds of

dry matter in a normal year for Class VII soils.


9. A lot or parcel or portion of a lot or parcel is not “generally unsuitable” simply because it

is too small to be farmed profitably by itself. If a lot or parcel or portion of a lot or parcel

can be sold, leased, rented or otherwise managed as a part of a commercial farm or

ranch, then the lot or parcel is not “generally unsuitable. A lot or parcel or portion of a

lot or parcel is presumed to be suitable if it is composed predominantly of Class I-VI

soils. Just because a lot or parcel or portion of a lot or parcel is unsuitable for one farm

use does not mean it is not suitable for another farm use.

exclusive farm use zone (efu) 410.03 uses permitted through a type … · 2018. 4. 2. · exclusive...

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